HomeMy WebLinkAboutOrd 2323 - Prohibit Social Card Rooms Effective January 1, 2016
Cover page to Ordinance 2323
The full text of the ordinance follows this cover page.
Ordinance 2323 was amended or repealed by the following
ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
3 2 2363
2349
3 2730
City of Tukwila
Washington
Ordinance No. a3 ,)3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING ORDINANCE NO. 1917 §1, AS CODIFIED
AT TUKWILA MUNICIPAL CODE CHAPTER 5.20, "CERTAIN
GAMBLING ACTIVITIES PROHIBITED "; PROHIBITING SOCIAL CARD
ROOMS CONDUCTED AS A COMMERCIAL STIMULANT EFFECTIVE
JANUARY 1, 2016; AMENDING ORDINANCE NO. 1809 §1 (PART) AS
CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 3.08.080
"PAYMENT OF TAX — PENALTY FOR LATE PAYMENTS ";
TERMINATING THE MORATORIUM ESTABLISHED BY ORDINANCE
NO. 2279 AND EXTENDED BY ORDINANCE NO. 2307; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, on March 22, 2010, the Tukwila City Council passed Ordinance No.
2279, which declared an emergency necessitating the immediate imposition of a
moratorium of limited duration on the filing of applications for building permits,
development permits, or any other permits or approvals required for food or drink
establishments seeking to conduct new social card room gambling activities, or to
expand existing social card room gambling activities, whether as a principal use or as
an accessory use, as more particularly described in Ordinance No. 2279; and
WHEREAS, on May 3, 2010 and September 20, 2010, the moratorium was
renewed to allow time for further study of the issue; and
WHEREAS, the three existing social card rooms operating in Tukwila generate
significant gambling tax revenues for the City; and
WHEREAS, at least one business has expressed an interest in acquiring a State
license to operate an additional social card room in Tukwila and this business venture has
called into question the ability of the City to prohibit future card room uses while allowing
legal non - conforming social card rooms to remain; and
WHEREAS, on January 24, 2011, the Tukwila City Council, following public notice,
held a public hearing to receive testimony on a proposed ordinance repealing Tukwila
Municipal Code Chapter 5.20; and
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WHEREAS, the prohibition on certain gambling activities, and exceptions thereto, set
forth in Chapter 5.20 of the Tukwila Municipal Code (TMC), and Ordinance No. 1917, §1,
shall be repealed to allow social card rooms citywide until December 31, 2015, after which
social card rooms conducted as a commercial stimulant will thereafter be prohibited
effective January 1, 2016;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Chapter 5.20 Repealed. Ordinance No. 1917, §1, as codified at
TMC Chapter 5.20, "Certain Gambling Activities Prohibited," is hereby repealed in its
entirety.
Section 2. Prohibition Against Social Card Rooms Operated as a Commercial
Stimulant. The operation or conduct of social card rooms operated as a commercial
stimulant, as defined by RCW 9.46.0282, is prohibited within the City of Tukwila effective
January 1, 2016, except bona fide charitable or nonprofit organizations may operate or
conduct social card rooms within the City of Tukwila pursuant to RCW 9.46.0311.
Section 3. Ordinance Amended. Ordinance No. 1809, §1 (part), as codified at
TMC Section 3.08.080, "Payment of Tax Penalty for Late Payments," is hereby
amended to read as follows:
3.08.080 Payment of Tax Penalty for Late Payments.
A. The tax imposed by this chapter shall be due and payable in quarterly
installments, and remittance therefor shall accompany each return and be made on or
before the last day of the month following the quarterly period in which the tax accrued.
B. There shall be added a penalty for each payment due, if such payment is not
made by the due date thereof, as follows:
1. A lump sum penalty equal to 10% of the tax due, with a minimum of $2.00,
for the first 17 days' delinquency;
2. A lump sum penalty equal to 15% of the tax due, with a minimum of $4.00,
for any delinquency of 18 or more days.
Section 4. Repeal of Moratorium. The moratorium established under Ordinance
No. 2279 and extended by Ordinance No. 2307 shall terminate as of the effective date
of this ordinance.
Section 5. Severability. Should any section, paragraph, sentence, clause or phrase
of this ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance
be pre empted by state or federal law or regulation, such decision or pre emption shall not
affect the validity of the remaining portions of this ordinance or its application to other
persons or circumstances.
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Section 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of G c 2011.
ATTEST /AUTHENTICATED:
eix.4 F.AeltsdP
Christy O'Flalrty, City Clerk v Hagge ayor
APPROVED A S Te O' M BY: Filed with the City Clerk: -I t -1 l
Passed by the City Council:
Published: D.
Effective Date:
Wity M.:1 Attorney Ordinance Number: 1 43
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2323 -2325.
On February 22, 2011 the City Council of the City of Tukwila, Washington, adopted the
following ordinances the main points of which are summarized by title as follows:
Ordinance 2323: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1917 §1, AS CODIFIED AT
TUKWILA MUNICIPAL CODE CHAPTER 5.20, "CERTAIN GAMBLING ACTIVITIES
PROHIBITED PROHIBITING SOCIAL CARD ROOMS CONDUCTED AS A
COMMERCIAL STIMULANT EFFECTIVE JANUARY 1, 2016; AMENDING
ORDINANCE NO. 1809 §1 (PART) AS CODIFIED AT TUKWILA MUNICIPAL CODE
SECTION 3.08.080 "PAYMENT OF TAX PENALTY FOR LATE PAYMENTS
TERMINATING THE MORATORIUM ESTABLISHED BY ORDINANCE NO. 2279 AND
EXTENDED BY ORDINANCE NO. 2307; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2324: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING SECTIONS OF TITLES 9, 18 AND 21 OF THE
TUKWILA MUNICIPAL CODE REGARDING ELECTRIC VEHICLE INFRASTRUCTURE
AND TO ADOPT REGULATIONS RELATED TO ELECTRIC VEHICLE
INFRASTRUCTURE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2325: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 639 §2 AND 2046 §1, AS
CODIFIED AT TUKWILA MUNICIPAL CODE 2.38.020, REGARDING LAW
ENFORCEMENT OFFICERS AND CITY POLICE OFFICERS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, CMC, City Clerk
Published Seattle Times: February 28, 2011